The Department of Information Resources (department) proposes new 1 TAC Chapter 202, §202.28 and §202.78 to address the need to remove data from any associated storage device prior to the sale or transfer of the data processing equipment. The department also proposes amendments to §§202.1, 202.25, and 202.75 to add requirements to address security issues related to wireless access to state systems, conducting vulnerability assessments, clarify language and correct grammar.

The proposed amendments and new sections underwent the analysis required by §2054.121, Texas Government Code, and were found to have no impact on the mission of higher education, student populations, and federal grant requirements.

Bill Perez, Security Division Director for the department, has determined that there will be no fiscal implications for state or local government if the amendments and new sections are adopted. The public benefit of the amendments and new sections is that sensitive and confidential information, some of which could affect individual's privacy, will be sanitized from state agency computer equipment before the equipment is removed from service.

Mr. Perez believes there will be no different effect on small businesses than there is on large businesses since the rules are inapplicable to businesses, and that there is no additional anticipated economic cost to persons if the amendments and new sections are adopted.

Comments on the proposal may be submitted to Renée Mauzy, General Counsel, Department of Information Resources, via mail to P.O. Box 13564, Austin, Texas 78711, or electronically to renee.mauzy@dir.state.tx.us no later than 5:00 p.m. CT, within 30 days after publication.

The amendments are proposed under §2054.130 and §2054.052(a), Texas Government Code.

The amendments are promulgated to implement §2054.130, Texas Government Code, which requires the department to adopt rules on the removal of data prior to the sale or transfer of data processing equipment, and §2054.052(a), Texas Government Code, which authorizes the department to adopt rules necessary to implement its responsibilities under the Information Resources Management Act.